SUSHMITHA Vs. PUTTATHAYAMMA

JUDGEMENT

(1.) Heard the appellants counsel. This appeal is listed for admission.

(2.) The factual matrix of the case of the plaintiffs before the Trial Court seeking the relief of declaration of 2/3rd share out of 1/5th share of their father in the suit schedule property and for mesne profits and contend that Shivanna S/o Rajegowda @ Rachegowda are the propositous of the family. Defendant No.1 is widow of Shivanna, defendants No.2 to 6 are children of defendant No.1 and Shivanna. The plaintiffs are the children of defendant No.2. The defendant No.7 is the wife of defendant No.4. Late Shivanna during his life time owned suit schedule properties which are Hindu undivided joint family properties. 'A' schedule property was granted in favour of Shivanna during his life time by the Land Grant Committee. 'B' schedule property is the ancestral property of Shivanna which was acquired by him under the partition effected after the death of his father Rajegowda. 'C' schedule property is the house property, which is the family property of Shivanna and 'D' schedule property is the house property constructed out of the joint family funds in the name of defendant No.7.

(3.) It is contended that suit schedule properties are the ancestral properties of father of family of the plaintiffs. The defendants though served did not appear and contest the matter. The plaintiffs have examined one of the witness as PW1 and produced documents Exs.P1 to P7. The Trial Court having considered both oral and documentary evidence comes to the conclusion that the plaintiffs have not proved the fact that the suit schedule properties are ancestral properties and also not proved that they are the joint owners and in joint possession and except the documents of genealogical tree, RTC extract, Certified Copies of mutation register extract and copies of the tax demand register extract and tax paid receipts, no documents are placed before the Court to show that the properties are ancestral properties and hence, the Trial Court has answered all the issues as negative.